PERM approved but address now needs to change

[anirudhg]

Hi,

When we started the labor certification and PERM process the work location was listed as the office location, but during the process I was changed to based at home. Now the PERM is approved and in the process of Filing i-140, the HR is saying that "The certified PERM lists that the employee will be employed at the office location". If I want to keep working form home they need to refile the PERM again or I can come back to office. What is the best step?

Also once the i-140 is filed and approved, can i change back to Based at home? or will that trigger the the labor certification and PERM process again?

Thanks.

[Attorney_10]

The PERM process is for a future position which the employee will work in upon the receipt of a green card. At that time, the employee must work from the location listed on the labor certification (ETA Form 9089). The I-140 filing or approval does not alter this requirement, and if the employee will ultimately be working from a different location, then a new PERM is required. However, before the employee receives the green card, the employee does not necessarily need to work from the location on the 9089. It is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach.